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Pankaj Patki   03 May 2023

Encroachment on the society area by shopkeeper in front of his shop

The building is within Municipal corporation. Ground floor has many shops. The building has around 10 to 15 ft wide and 1000 ft long open space. One of the shop owner is carrying out plumbing work with heavy machinery in front of his shop occupying the society owned common area claiming that area in front of a shop belongs to the shop owner. Not allowing people to walk through and go to other shops. Is this encroachment?? If so how can it be challenged?? Whom to approach??? Can there be a permanent solution?? No one opposing The shop owner being of criminal background. Awaiting for a proper guidance for a legal action. 


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     03 May 2023

A complaint about this illegal encroachment can be given to the local civic body by the association if the shopkeeper is not complying with the demands made by the association in a pre complaint legal notice.

The association can even approach court with a suit for permanent injunction against the shop keeper restraining him from putting up structures in the common area and obstructing the passers by to pass thorugh the common space. 

1 Like

Sudhir Kumar, Advocate (Advocate)     04 May 2023

If the public path is obstructed then it is public nuisance for which complaint can be made to SDM u/s 133 CrPC.

Dr J C Vashista (Advocate)     04 May 2023

Did you approach local municipal authorities, if so, what is their response ?

If you are not satisfied by action taken by Municipality seek permanent and mandatory injunction by filing a civil suit against encraochment impleading municipal authorties through a local prudent lawyer.

Pankaj Patki   04 May 2023

I thank everyone who has responded to this query. 

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